Statutes and court opinions last verified November 8, 2026. This is general information, not legal advice, and it cannot tell you the deadline in your case. Only a Tennessee attorney can confirm the date that applies to you.
The main Tennessee deadlines at a glance
| Situation | Usual time limit | Where it comes from | Why you might ask an attorney |
|---|---|---|---|
| Injury to a person (car, truck, motorcycle, pedestrian or bicycle crash) | 1 year after the cause of action accrued [3] | Tenn. Code Ann. § 28-3-104(a)(1) | Accrual date, and the exceptions below |
| Damage to personal or real property (your vehicle) | 3 years from the accruing of the cause of action [4] | Tenn. Code Ann. § 28-3-105 | Whether a claim is "injury" or "property" can matter |
| Crash with a city, county or other local government employee or vehicle | 12 months after the cause of action arises [6] | Governmental Tort Liability Act, Tenn. Code Ann. § 29-20-305(b) | Notice and immunity rules differ; confirm quickly |
| Injured person was a minor | Time may be paused until age 18 [5] | Tenn. Code Ann. § 28-1-106 | Who can sue for the child, and the parent's separate claim for medical bills |
| Wrongful death | Courts have applied the one-year period of § 28-3-104 | Tenn. Code Ann. § 20-5-106 and § 28-3-104 | Which date starts the clock (injury or death) |
| Your own insurance company (uninsured motorist or medical payments claim) | Set by your policy and by contract law, which is not the same as the court deadline above | Your policy | Policies can require quick notice |
The text of the statute
Tennessee's personal-injury limit sits in Tenn. Code Ann. § 28-3-104 [3] [1]. Tennessee's Court of Appeals quotes it this way:
(a)(1) Except as provided in subdivision (a)(2), the following actions shall be commenced within one (1) year after the cause of action accrued: ... Actions for ... injuries to the person ...
(2) A cause of action listed in subdivision (a)(1) shall be commenced within two (2) years after the cause of action accrued, if: (A) Criminal charges are brought against any person alleged to have caused or contributed to the injury; (B) The conduct, transaction, or occurrence that gives rise to the cause of action for civil damages is the subject of a criminal prosecution commenced within one (1) year by: (i) A law enforcement officer; (ii) A district attorney general; or (iii) A grand jury; and (C) The cause of action is brought by the person injured by the criminal conduct against the party prosecuted for such conduct.
(3) This subsection (a) shall be strictly construed.
Sources: Mallory Sandridge v. Hollywood Henderson, No. W2024-00242-COA-R10-CV (Tenn. Ct. App. Dec. 19, 2024); Glover v. Duckhorn, No. W2022-00697-COA-R3-CV (Tenn. Ct. App. May 2, 2023). Read the current code on the State of Tennessee's official code site or in a licensed legal database before relying on any quotation.
The two-year exception, and what a Memphis traffic ticket does not do
Subsection (a)(2) can stretch the deadline to two years when criminal charges are brought against the other driver and a criminal prosecution begins within one year [2]. Tennessee courts apply it narrowly, because the statute says it must be "strictly construed." [3]
- State-law ticket. In Younger v. Okbahhanes, a state trooper cited the other driver under a state statute for failure to exercise due care, a misdemeanor. The Court of Appeals treated that as a criminal prosecution and allowed the two-year period (No. E2020-00429-COA-R10-CV, Jan. 28, 2021).
- City-ordinance ticket. In Glover v. Duckhorn, a Memphis Police officer cited the driver under Memphis City Code § 11-16-3 (failure to maintain safe lookout). The court held a municipal ordinance violation is civil, so the one-year period still applied and the suit was time-barred.
- Same result in 2023 and 2024. Peterson v. Carey (No. E2022-01656-COA-R3-CV, Oct. 23, 2023) followed Glover for a Kingsport ordinance citation, and Sandridge v. Henderson (Dec. 19, 2024) reversed a Shelby County trial court that had allowed a suit after Memphis ordinance citations.
The practical point is that a ticket on the other driver does not by itself change your deadline. Whether a particular citation counts is a question for an attorney.
Counting the days
A common way to count the one-year period is to start from the crash date and arrive at the same calendar date the next year. The Memphis case above shows that one day late was too late [2]. Because an attorney must confirm the accrual date for your situation, treat any count as a reminder and not as a calculation.
| Crash date | |
| Same date, one year later | |
| Same date, three years later (vehicle damage) | |
| Date I spoke with an attorney |
Free download: Tennessee deadline explainer (PDF) and the deadline calculator.
Special situations
- Government vehicles and workers. A crash with a city, county or other local government employee is governed by the Governmental Tort Liability Act, which sets its own rules and a 12-month filing period in § 29-20-305(b) [6]. Tennessee's removal of immunity for the negligent operation of a motor vehicle by an employee is in § 29-20-202.
- Minors. For people under 18 when the claim accrued, Tennessee has a tolling statute, § 28-1-106 [5]. A parent's claim for a child's medical bills is separate from the child's claim.
- Wrongful death. Tennessee's wrongful death statute is § 20-5-106 [7]. Courts have applied the one-year period of § 28-3-104 to wrongful death actions. Which date starts the clock can be disputed. We are sorry for the loss that brings a family to this section. Only a licensed Tennessee attorney can confirm the date that applies to a particular death.
- Property damage. Section 28-3-105 gives three years for injury to personal or real property [4]. A claim with your own insurer also has policy deadlines.
What only an attorney can tell you
We cannot tell you whether your claim is still timely, whether an exception applies, or when your clock started. Those depend on facts and on the current law. Only a licensed Tennessee attorney can confirm the date that applies to you.
Sources
- Tennessee Courts: SandridgeMalloryOPN.pdf (checked November 8, 2026)“the following actions shall be commenced within one (1) year after the cause of action accrued”
- Tennessee Courts: GloverEmmaOPN.pdf (checked November 8, 2026)“shall be commenced within two (2) years after the cause of action accrued, if: (A) Criminal charges are brought against any person alleged to have caused or contributed to the injury”“one year and one day”
- Tennessee Code (FindLaw): tn-code-sect-28-3-104 (checked November 8, 2026)“the following actions shall be commenced within one (1) year after the cause of action accrued”“This subsection (a) shall be strictly construed”
- Tennessee Code (FindLaw): tn-code-sect-28-3-105 (checked November 8, 2026)“The following actions shall be commenced within three (3) years from the accruing of the cause of action”
- Tennessee Code (FindLaw): tn-code-sect-28-1-106 (checked November 8, 2026)“under eighteen (18) years of age, or adjudicated incompetent”
- Tennessee Code (FindLaw): tn-code-sect-29-20-305 (checked November 8, 2026)“The action must be commenced within twelve (12) months after the cause of action arises”
- Tennessee Code (FindLaw): tn-code-sect-20-5-106 (checked November 8, 2026)“shall not abate or be extinguished by the person's death”
- tncourts.gov: 6730582
- Tennessee Courts: STEELEWL.pdf
Page last updated November 9, 2026. Attorney review pending. General information, not legal advice. Fees, hours and rules change; confirm on the official page. How we source.
Questions
What is the statute of limitations for a car accident in Tennessee?
Generally one year for injury to a person (§ 28-3-104(a)(1)) and three years for property damage (§ 28-3-105) [3] [4].
Does a traffic ticket extend the time?
Only in the narrow case the statute describes, a criminal charge and prosecution [2]. Courts have held that a Memphis city-ordinance citation did not.
What if the crash involved a city or county vehicle?
The Governmental Tort Liability Act has its own 12-month rule in § 29-20-305(b) [6].
Is the deadline different for children?
Tennessee has a tolling statute for minors, § 28-1-106 [5]. Ask an attorney how it applies.
Can I look the statute up myself?
Yes. Read the statute on the official code site and the cited opinions on the Tennessee Courts site.
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